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Spinoza's Naturalizing Natural Law and Its Contemporary Significance
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자연법에 대한 스피노자의 자연화와 그 현대적 의의

논문 기본 정보

Type
Academic journal
Author
Jo Hyun Jin (선문대학교)
Journal
Korean Society for Social Philosophy Korean Society for Social Philosophy No.32 KCI Accredited Journals
Published
2016.10
Pages
291 - 316 (26page)

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Spinoza's Naturalizing Natural Law and Its Contemporary Significance
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I showed that Spinoza transformed the classical natural law theory by naturalizing natural law in the context of modern situation by the analysis of Theologico-political treatise. Through these, I demonstrated the following points.
First, Spinoza denies not only the traditional natural law doctrine based on the anthrophomorphic conception of God and intrinsic value theory but also the intellectualistic natural law theory focused only on the rational side of the human. Second, Spinoza replaced traditional natural law theory with a new theory based on the nomological understanding of Nature and human nature. Third, Spinoza showed that traditional natural law doctrine couldn’t be the criterion to evaluate the validity of positive law through the critic of imaginative conception of divine law and revelation.
In spite of these doctrinal differences, Spinoza’s natural law theory inherited the motive of traditional natural law doctrine in the sense that Spinoza related the understanding of the law of nature to the human blessedness. Spinoza’s conception of natural law naturalized thus is similar to the conception whose theoretical possibility Hans Kelsen suggested but denied and thus Kelsen’s critic of natural law theory can’t be conclusive.
#스피노자 #자연법 #자연법의 자연화 #신법 #Spinoza #natural law #naturalizing natural law #divine law

Contents

논문개요
1. 스피노자 철학에서 자연법의 문제의 중요성
2. 절대적 의미의 법과 통상적 의미의 법
3. 자연권, 자연법, 실정법의 개념과 이들의 관계
4. 신법 개념
5. 켈젠의 자연법론 비판을 통해 본 스피노자 자연법론의 위상과 의의
6. 결론
참고문헌
Abstract

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